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KILELESHWA MAN CHARGED WITH OBTAINING SH360K.

By Reporter.

The owner of Amanda Creek limited has been charged with obtaining Sh360,000 from an elderly man

Philip Emuruon Obwana appeared before Milimani Chief Magistrate Lucas Onyina and pleaded not guilty.

Prosecution told the court that on diverse dates between 14 February and 26 June, 2023, at unknown place within the country, Emuruon with intent to defraud obtained Sh.350,000.

He obtained the money from Walter Ben Osiya by falsely pretending that he was in a position to incorporate him in his Amanda Creek Limited company project in Watamu, Kilifi county.

He was to involve Osiya in the alleged business once cleared by the National Environment and Management Authority, fact he knew to be false.

His bid to have the criminal case withdrawn failed after Osiya told the Magistrate there was no agreement to withdraw the charges.

Emuruon through his lawyer had earlier informed the court they have agreed with the complaint to withdrawal the charges. Court placed the file aside to wait for the complaint to appear in court and confirm the agreement.

However, when Osiya was asked by the Magistrate if there was an agreement to withdrawal the charges, he told the court no.

The court proceeded to release him on a cash bail of Sh100,000.

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MKU STUDENT IN COURT OVER SH7.8 FRAUD.

By NT Correspondent.

Mount Kenya University student has been charged with conspiracy to defraud over Sh7.8 million.

Collins Mutuma appeared before Milimani Chief Magistrate Lucas Onyina and pleaded not guilty to the charges.

Prosecution told the court that on the 11 January, 2025 at unknown place within the country, Mutuma jointly with others not before court, he conspired with intent to defraud Sidian Bank of Sh7,882,845) by unlawfully siphoning funds from various bank accounts domiciled at the sidian bank.

Mutuma is also accused that on the 11 January, 2025 at unknown place within the country, jointly with others not before court, he transacted Sh. 300,000 from his Diamond Trust Bank Account Number 534631*** to Safaricom PLC Mpesa number 0721751**  number belonging to Dominic Gichiri Kagwima whilst knowing or having reason to believe that the same was part of or formed part of proceeds of crime to with monoy acquired through stealing.

He is accused that the on 11 January, 2025 at unknown place jointly with others not before court, through his Diamond Trust Bank Account Number 534631**, he stole Sh. 471,302 from Sidian Bank Limited Account number 01035150**belonging to Peninah Karoki which at the time of acquisition, he knew or had reason to believe that the said sum formed part or was proceeds of crime to wit money acquired through stealing.

He is facing other counts. He was released on a cash bail of Sh300,000

The court heard that, Mutuma jointly with others not before court, he transacted Sh. 169,900 from his Diamond Trust Bank Account Number 534631** to Safaricom PLC Mpesa number 074821***belonging   to Samuel Mukola Matheka whilst knowing or having reason to believe that the same was part of or formed part of proceeds of crime to wit money acquired through stealing.

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LAWYER CHALLENGES CYBERCRIMES LAW OVER ‘VAGUE’ PROVISIONS ON RELIGIOUS EXTREMISM.

By Sam Alfan.

Nairobi, Kenya — A city lawyer has moved to court to challenge sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, arguing that the new law threatens fundamental freedoms, including freedom of expression and religious rights.

In a constitutional petition filed at the High Court, lawyer Ndong Evance wants Sections 3, 4, and 6 of the Amendment Act declared unconstitutional, claiming they contain vague and overly broad language that could enable arbitrary arrests and prosecution of innocent Kenyans — including preachers sharing online sermons.

Evance specifically takes issue with a new provision, Section 6(1)(ja), which empowers the National Computer and Cybercrimes Coordination Committee to determine what constitutes “religious extremism and cultism.”
He argues that the section violates Articles 24, 32, 33, 47, and 50 of the Constitution by introducing unclear terminology and granting excessive discretionary powers to the state.

The terms ‘religious extremism and cultism’ are undefined, overly broad, and impermissibly vague,” Evance says in his petition. “Such uncertainty offends the principle of legal certainty, which requires that citizens know with reasonable clarity what conduct is prohibited.”

Under the contested provision, the Committee may issue directives to block or take down websites or digital platforms deemed to promote “unlawful activities, inappropriate sexual content involving minors, terrorism, or religious extremism and cultism.”

Evance contends that while regulating child pornography or terrorism-related content falls within constitutional limits, the undefined references to “religious extremism and cultism” could be misused to silence legitimate religious expression.

Leaving the meaning of ‘religious extremism and cultism’ to the whims of the state opens a dangerous window for censorship of legitimate religious speech,” he argues. “This threatens mainstream churches and other faiths, posing a danger to Kenya’s democratic space.”

The lawyer also challenges Section 6 of the Amendment Act, which introduces Section 46A to the principal law, saying it is “vague and overly ambiguous.” He argues that it grants the courts and the Committee sweeping powers to impose sanctions on persons convicted of offences “related to religious extremism or cultism,” without clearly defining those offences.

Evance says the Amendment Act usurps the constitutional mandates of established institutions such as the National Police Service and the Director of Public Prosecutions, which are constitutionally mandated to handle investigations and prosecutions of criminal conduct.

Censorship and regulation of online content are not the mandate of the Committee,” Evance asserts. “The Amendment Act merges investigative, adjudicative, and enforcement powers into one executive body, contrary to Articles 1, 2, 10, 47, 50, 159, and 165 of the Constitution.”

He further wants the court to declare that the Committee has no lawful authority to bring down websites or digital platforms without giving affected parties a fair hearing, in line with Articles 47 and 50 of the Constitution.

Evance maintains that the current legal framework already provides sufficient safeguards against unlawful activities conducted under the guise of religion, and that the Amendment Act’s new provisions amount to unconstitutional overreach.

The petition is expected to reignite debate over the balance between national security, online regulation, and constitutional freedoms, especially in Kenya’s expanding digital space.

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POLICE ALLOWED TO DETAIN FAKE NIS OFFICER PENDING PROBE.

By NT Correspondent.

A Nairobi court has allowed Directorate of Criminal Investigations (DCI) to detain an imposter alleged to have obtained Sh10.6 million from a businessman by promising to secure him a state job.

Milimani Chief Magistrate Lucas Onyina allowed police to detain Alexander Mutuku Nzau for seven days, at Muthaiga Police Station pending completion of investigations.

It is alleged that he obtained the money from Yusuf Mohamed Omar, claiming that he was a National Intelligence Service (NIS) officer and promised to secure him a job with the National Police Service.

The DCI applied to detain the suspect for seven days stating that he was a flight risk, if release before the conclusion of the probe.

“I pray the court to grant seven (7) days custodial warrant for the respondent to be detained at Muthaiga Police Station to enable investigations be carried out before Mutuku is formally charged,” plead investigating officer.
The court heard that Omar reported the matter to the Ethics and Anti-Corruption Commission (EACC) on the 23 October, 2025.

He alleged that Mutuku posed as an NIS officer and obtained from the money from him promising to get him a job.

Sleuths from EACC then mounted an operation and arrested Mutuku at a city restaurant and escorted him to Integrity Centre, where he was interrogated and placed in custody.

Preliminary investigations established that the suspect was not an NIS officer as alleged.

He was subsequently handed to Muthaiga Police station vide OB No. 55/24/10/2025 pending investigation and arraignment.

The DCI said they were handed two appointment letters reference numbers NIS/SEC.DG/DA/2/8A/389 dated 28th April, 2025 addressed to Ilyas Mohamed Omar and NIS/SEC.DG/DA/2/8A/1347 dated 8th July, 2025 addressed Asha Abdille Maalim purported to have been signed by David Karanja, as the Director Administration, National Intelligence Service.

Investigating officer Lucas Juma from Serious Crime Unit told the court the two documents were allegedly handed over to Omar by Mutuku in the commission of the offences under investigations.

The police said they suspect that the documents are forgeries and should be subjected to forensic examination and verification by the National Intelligence Service.

Mutuku allegedly disclosed that the said documents were prepared at a cybercafé in Nairobi’s CBD where the said documents were prepared and printed.

The office said he needed to visit the cybercafé and his release can compromise this critical aspect of the investigation.

“One of the offences under investigations is forgery of official documents which is serious in nature as suspected forged National Intelligence Service appointment letters were used to defraud a member of the public. The offence attracts a punishment of imprisonment for seven years,” Cpl Juma told the court.

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MAN CHARGED WITH DEFRAUDING SUPPLIER OF MILLIONS.

By Reporter.

A Nairobi businessman has been charged with fraudulently obtaining goods worth Sh7.2 million from a trader.

Samuel Maina Weru appeared before Milimani Chief Magistrate Lucas Onyina where he pleaded not guilty.

The prosecution told the court Maina allegedly obtained 990 jerricans of 20 liters of somofry cooking oil and 675 cartons of Menengai bar soap, all valued at Sh7,382,880.

It is alleged that he obtained the goods from Network Four Ltd, on diverse dates between 26 November and 30 December 2024, in Nairobi county.

The charge stated that he obtained goods, jointly with others not before court, by falsely pretending that he was in a position to pay for the supplies.

He was released on bail pending hearing and determination of the criminal case.

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POLICE ALLOWED TO HOLD SUSPECT LINKED TO BREAKING AND STEALING FROM SHOPS IN CBD.

By Reporter.

A Nairobi court has allowed Director of Criminal Investigations to detain a man being investigated over stealing computer accessories valued over Sh74 million. 

Milimani Chief Magistrate Lucas Onyina allowed DCI to detain Robbisson Warui Mureithi for seven days pending investigations.

The man is alleged to be notorious for breaking into shops with Nairobi’s central business district and stealing.

The DCI sought to detain Warui for 10 days to enable investigators complete investigation.

The investigating officer told the court they are investigating a case of burglary contrary to section 304(2) of penal code and stealing contrary to section 279 of the penal code.

The break ins were reported at central police station by Robinson Ngeh Koshi and Shadrack Mbugua on October 16, 2025. The two complainants sell computers and computer accessories.

According to the court documents, the shops at Tembo building were broken into on the night of 15 and 16 October 2025.

The police visited the scene and reviewed the CCTV footage, and Warui was allegedly captured on camera allegedly as part of the team that had committed the offence.

Further investigations led to his house at Komarock Estate but the police did not find the laptops but instead found various brands of alcohol, which he could not account for.

Police told the court there was a need to identify the owner of the broken liquor store within Kahawa and its enviroments, record their statements and account for the recovered liquors.

“There is need to establish the owner of the motor vehicle that was used in commision the offence,” court heard.

The court heard that there was need to ascertain the authenticity and the legality of the various brands of alcohol hence need to invlove the specialists from KEBS and KRA officers.

Additionally electronic or documentary evidence which may emerge upon further analysis.

“Some of the main suspects are well known by the respondent and are still at large hence if released they might interfere with our investigations,” court heard.

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BLOW TO EQUITY BANK CEO AS COURT ORDERS HIM TO SURRENDER SH1 BILLION LAND AND PAY OWER MILLIONS FOR TRESPASS.

By Sam Alfan.

Equity Bank CEO James Mwangi and his wife Jane Wangui Mundia have suffered a major blow after they were ordered to leave a contested property valued at Sh1 billion in posh Muthaiga estate.

Other than vacating the land, which he claimed to have purchased from former President Daniel Moi in 2013, for Sh306 million, the court directed the Equity Bank boss to pay the owner Sh10 million for trespass.

The Environment and Land court ruled that businessman Anverali Amershi Karmali through his firm Mount Pleasant Ltd owned the contested property.

Mount Pleasant Ltd said it purchased the three-acre parcel of land from Moi era Finance minister Arthur Magugu in July 2006 for Sh130 million.

Justice Oscar Angote issued mandatory injunction directing the couple to vacate and surrender the land within 30 days, failing which they should be evicted by Gigiri and Muthaiga police.

“An order does hereby issue that the Officer Commanding Station (OCS), Gigiri Police Station and or Muthaiga Police Station, to provide assistance in the enforcement of the orders for vacant possession and in securing Mount’s quiet and peaceful occupation of the suit properties,” the court ruled.

The court further directed the Chief Land Registrar to expunge and cancel all entries, conveyances and titles relating to the purported ownership by the Equity bank boss and his wife , and to nullify the amalgamation of L.R. Nos. 214/20/2 and 214/20/1/1 into L.R. No..214/832.

Justice Angote said that the evidence by Equity bank boss and his wife was that they took possession of the suit land in 2013, immediately after the title was issued in their names.

On the other hand, the Mount Pleasant’s case was that its guards were arrested in the year 2013, but released, and continued guarding the suit property until March, 2020, when they were evicted from the suit land by Mwangi and his wife.

“In this regard, taking into account the acreage of the suit property, the location thereof, the duration of trespass complained of, and the value of the property estimated at Sh.1 Billion as per the valuation reports of 2022, the court comes to the conclusion that an award of the Sh.10 million would suffice, as appropriate recompense to and in favor of the Mount Pleasant ltd as damages for trespass,” Judge Angote ruled in his decision.

The Judge said although no conclusive forensic or investigative determination was made by the Directorate of Criminal Investigations (DCI) on claims of forgeries, the documentary record, when assessed on a balance of probabilities, discloses significant anomalies. 

“While the court stops short of finding fraud attributable to Mwangi and his to the requisite standard of proof, which, as aforesaid must  be proved to a standard higher than the ordinary civil threshold, it nonetheless holds that even if the nemo dat quod non habet principle were found inapplicable, the numerous procedural and documentary irregularities surrounding the conveyance, amalgamation, and registration of the Mwangi and his wife’ title would, on their own, suffice to impeach it under Section 26(1)(b) of the Land Registration Act,” said the judge.

Karmali said in the case at the Land court that sometimes in June 15, 2020, the lender’s CEO visited the land accompanied by police officers, who removed guards on the contested property and replaced them with others.

The businessman alleges that the records at the land registry were tampered with such that it is difficult to trace successive owners of the contested land.

He said he was forced to move to court to remove Mwangi from the property.

He also claims that he did a search at the Ministry of Lands and discovered that the file containing a history of the land was missing.

Karmali says he was advised to file a missing file complaint and he obtained a certificate confirming Mount Pleasant was the registered owner of the land but there was a twist later, as the Equity Bank CEO allegedly also showed up with a certificate showing they were the registered owners of the subdivided properties.

He says he purchased the property from Magugu and his wife Margaret Wairimu on July 21, 2006 for Sh130 million.

Court documents state that the former minister had charged the property to the National Bank for a loan of Sh10.5 million in the late 80s through a company identified as MDC Holdings Ltd.

The company allegedly defaulted on the loan repayment and the lender sued the company in a bid to recover the loan.

The lender and MDC Holdings later entered an agreement in October 2002 where he was to pay Sh90 million for the land, and part of which would repay the loan and the balance be taken by Magugu.

Before selling the land, Karmali says Magugu had planned to subdivide the property into two – LR No 214/20/2/1 and LR No 214/20/2/2 but he cancelled the plans.

He alleges that he later discovered that the title to the subdivided properties was surrendered to the Registrar of Title and amalgamated into one parcel of land now known as LR 214/832.

According to him, he was shocked because the company has never surrendered the titles to the properties and still holds the original conveyance of the properties and has no intention to surrender the properties or the titles.

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FORMER OKI GENERAL DIRECTOR , SPOUSE AGREE TO PAY AUCTIONEER FEES TO FORESTALL SELL OF THEIR ASSETS.

By Sam Alfan.

A former director of Oki General Trading limited Honey Katwani and his wife Jayesh Soni have been ordered to pay their former employer Sh25.8 million.

Katwani, Soni, Poonam Mangtani and their firm- Galaxy Middle East & Africa limited- agreed by consent to pay Oki General Trading the amount to stop an auctioneer from selling their assets.

The consent stated that the USD 200,000, would be made in exchange of the goods that had been attached by Siuma Auctioneers and which were to be auctioned on October 13.

“Galaxy Middle East Limited T/A Smart pro (Your Trust Our Mission), Honey Khatwani, Jayesh Soni and Poonam Mangtani (the 1st to 4th Defendants herein) to provide Oki General Trading Kenya Limited with an inventory of the goods that were attached by Siuma Auctioneers,” state the consent.

The former employee rushed to court seeking a temporary injunction restraining Oki General Trading ltd, from disposing or transferring the goods that were seized from the firm’s warehouse at Omega Business Park, Baba Dogo, in Nairobi.

He submitted that the judgement entered against them, in their absence on 24 July 2025, was irregular.
He said they were not properly served with the pleadings, to enable them defend the suit.

“I was thereby denied an opportunity to be heard, and the judgment and decree are unlawful, irregular, and contrary to the rules of natural justice,” he told the court.

Soni maintained that she was never served with the summons to enter appearance dated 29 May 2025, or with any pleadings in relation to the suit.

She said it was particularly curious and telling that Oki General Trading ltd purported to have effected summons dated 29 May 2025, when in fact the summons to enter appearance issued by the court were only prepared and issued on 24 June 2025.

Oki General Trading filed an application before the High Court’s Commercial Division, seeking a judgment against the company and directors.

The company also requested a permanent closure of warehouses in Nairobi and Mombasa operated by Galaxy Middle East & Asia Limited and a return of the goods stored therein.

The judgment was entered against three for an amount of USD 2,786,806 (approximately Sh362,284,786).

But according to Soni, she became aware of the proceedings when Siuma Auctioneers raided the company’s warehouse at Baba Dogo, Nairobi on 21 August 2025.

She said the auctioneers claimed to be executing a judgment but stated that they did so without service of any proclamation notice, warrants, or other lawful process.

Soni said following the unlawful raid, the auctioneers went ahead and advertised the public auction.

“If the sale proceeds, goods worth millions of shillings will be permanently lost, my proprietary rights extinguished, and my intended challenge to the judgment rendered nugatory,” they told the court.

They added that the unlawful execution had caused them grave financial prejudice, operational disruption and reputational harm.

“The attached goods are critical to ongoing business operations, and their disposal will occasion irreparable damage which cannot be compensated by an award of damages,” she told the court.

She said Oki’s conduct in seeking to enforce an irregular judgment amounts to bad faith and abuse of the court process. It is intended to unjustly enrich the Oki General Trading while crippling legitimate business operations.

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CITY LAWYER AND BUSINESSMAN FACE SH35 MILLION GOLD FRAUD CHARGES.

By NT Correspondent.

A city lawyer accused of defrauding a gold buyer of Sh35 million has been directed to table documents showing that he was unwell, after failing to appear in court to answer to the charges.

Lawyer Alphonce Collins Odowo Osewe failed to appear in court to answer to the charges, alleging that he was unwell and was preparing to leave the country for treatment.

Consequently, Milimani chief magistrate Lucas Onyina directed him to bring documentation, supporting his claims, when he appears before him on October 24.

Osewe is facing the fraud charges alongside a businessman Patroba Odhiambo Tobias alias Ishmael.

The latter appeared in court and denied the charges read to him.

The court heard that they committed the offence on the diverse dates between 1 May and 9 May 2023 at Nairobi County within the country, with intent to defraud.

It is alleged that the pair jointly obtained USD 260,400, which is equivalent to Sh35,737,296 million from Bernard Shiaundu Aete by falsely pretending that they were in a position to sell him 400 Kilograms of gold bars.

Lawyer Osewe is separately accused of obtained Sh26.1 million from Adeyeye Enitan Ogunwusi by falsely pretending that he was in a position to sell him gold.

According to the charge sheet, he committed the offence on diverse dates between 4 May and 5 May 2023, in Nairobi County.

The lawyer is further accused of transacting with the Sh 26.1 million, well aware or knew or had reason to believe that the money was part of or was proceed of crime.

The court directed Odhiambo to remain in police custody, pending the hearing of his bail application.

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TRAVEL AGENCY EMPLOYEE DENIES STEALING TICKETS WORTH SH4.1 MILLION.

By NT Correspondent.

A travel agency worker has been charged with stealing Sh4.1 million from her employer.

Carolyne Wanjiru Munene, an employee of African Touch Safaris, appeared before Milimani Chief Magistrate Lucas Onyina and denied the charges.

Wanjiru was arrested at the Jomo Kenyatta International Airport while traveling to Turkey.

The charge against her stated that she stole 21 flight tickets, valued at Sh4.1 million, from the company, an offence she allegedly committed on diverse dates between 12 November 2019 and January 9, 2020 at the firm’s offices at ACK Garden House, in Nairobi City County.

The court heard that the tickets came into her possession by virtue of her employment.

She was ordered to deposit bond Sh1 million or alternative cash bail of Sh500,000, to secure her release.

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